The Owner Operator Lease Agreement is a crucial document that outlines the relationship between a Carrier and an Owner Operator in the transportation industry. This agreement sets forth the terms and conditions under which the Owner Operator will transport goods for the Carrier, ensuring compliance with applicable laws and regulations. Understanding this agreement is essential for both parties to establish clear expectations and responsibilities in their business relationship.
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When filling out and using the Owner Operator Lease Agreement form, it is essential to consider the following key takeaways:
OWNER OPERATOR LEASE AGREEMENT
THIS agreement, entered into this ____day of ______________20___ between
______________________, (Hereinafter designated as “Carrier”), and
______________________, (Hereinafter designated as “Owner Operator”),
WITNESSETH:
WHEREAS, Owner Operator is engaged in the transportation of general freights of all kinds (FAK) by motor vehicle as a contract Carrier and desires to transport goods for Carrier; and WHEREAS, to facilitate such transportation and for the convenience in handling such transaction, the parties have agreed to the terms and conditions under which transportation shall be made, as hereinafter set forth.
NOW THEREFORE, in consideration of the premises and the mutual promises and conditions herein contained it is hereby agreed as follows:
(1) GENERAL PROVISIONS:
(a)Owner Operator, in its operations hereunder, shall secure all permits, licenses and approvals necessary for the accomplishment of the work to be done hereunder and shall comply fully with all applicable laws, rules, orders and regulation of all governments and agencies thereof, whether federal, state or local, and shall furnish Carrier with satisfactory evidence thereof whenever requested to do so. Among other things, Owner Operator shall provide to Federal Motor Carrier Safety Administration certificate showing Owner Operator holds contract authority from such commission covering the commodities and transportation routes to which this agreement relates, and Owner Operator shall give immediate notice to Carrier of any cancellation or modification of such authority. When transporting hazardous wastes, substances to or materials pursuant this agreement, Owner Operator shall comply with all applicable federal, state and local hazardous wastes, substances or materials laws and regulations and shall furnish Carrier with satisfactory evidence thereof whenever requested to do so.
(b)The Owner Operator hereby agrees to deliver for the Carrier for transportation, not less than the following amount: one shipment of freight of all kinds (FAK) during a period of
____________________. The Owner Operator further agrees, subject to availability and loading tendered for transportation by Carrier.
(c)All such cargo shall be transported hereunder in accordance with this agreement and the provisions of Carrier’s tariff’s or service contracts applicable to such cargo. Cargo shall include any containers in which goods are packed when received by Owner Operator hereunder.
(d)This agreement shall not be modified or altered unless in writing, signed by both parties to this agreement.
(e)This contract shall terminate all previous contracts between the parties hereto relating to the transportation Freight all kinds (FAK) and shall remain in full force and effect for the term of this agreement.
(f)It is to be clearly understood and it is the intention of the parties hereto that Owner Operator shall employ all persons operating trucks hereunder, that such persons shall be and remain the employees of the Owner Operator, that the Owner Operator shall be an independent contractor of the Carrier and that nothing herein contained shall be construed to be inconsistent with that relation or status.
(g)It is further to be clearly understood that where the Owner Operator engages any
subcontractor for any portion of the work hereunder, such engagement will not alter the relationship of the Owner Operator to the Carrier as an independent contractor and shall not establish any relationship or obligation between Carrier and any subcontractor. Owner Operator will continue to be solely responsible for compliance with or performance for any subcontractors actually doing such work and will otherwise defend, indemnify and save harmless the Carrier, its agents and servants from any such claims, liabilities, penalties and fines (whether criminal or civil), judgments outlays and expenses (including attorney’s fees).
(h)Owner Operator shall defend, indemnify and save harmless the Carrier, its agents and servants from any and all liabilities, penalties and fines (whether criminal or civil), judgments, outlays and expenses (including attorney’s fees) resulting from Owner Operator’s failure or the failure of Owner Operator’s agents, employees, subcontractors or representatives to comply with any applicable laws and regulations, whether federal, state or local, or property arising out of the performance of this agreement caused by the acts, failure to act or negligence of Owner Operator, subcontractors, its agent, employees, or representatives.
(i)Owner Operator will assume all liability for and will otherwise defend, indemnify and save harmless the Carrier, its agents or servants from any and all liabilities, penalties and fines (whether criminal or civil). Judgments, outlays and expenses (including attorney’s fees) resulting from any release or discharge of hazardous wastes, substances or materials that occurs during transportation and Owner Operator will assume all responsibility and liability for cleanup of any release or discharge of hazardous wastes, substances or materials that occurs during transportation and will otherwise defend indemnify and save harmless the Shipper, its agents and servants from any and all liabilities, penalties and fines (whether criminal or civil), judgments, outlays and expenses (including attorney fees) resulting from the cleanup of any such release or discharge.
(j)Owner Operator will defend, indemnify and save harmless the Carrier, its agents and servants from any and all liabilities, penalties and fines (whether criminal or civil in nature), judgments, outlays and expenses (including attorney’s fees) resulting from the Owner Operator’s failure or the failure of Carrier’s agents, employees, subcontractors or representatives to perform any of the terms, conditions, promises or covenants contained in this contract.
(k)Carrier shall have full responsibility for all payments, benefits, and rights of whatsoever nature to or on behalf of any of its employees and to ensure that its subcontractor shall have the same responsibility.
(l)It is further agreed by the parties hereto that Owner Operator is not to display the name of Carrier upon or about any of the Owner Operator’s vehicles, without Carrier’s written consent.
(m)Any limitation on or exemption from liability in any tariff, receipt, bill of lading, or other document issued by or on behalf of Owner Operator shall have no legal effect and shall not otherwise apply with respect to shipments tendered by or on behalf of Carrier unless specifically agreed in writing by the Owner Operator. Any limitations on or exemptions from liability contained in a Owner Operator’s tariff, receipt, bill of lading, or other document issued in conjunction with a specific shipment moving under this Contract shall have no legal effect and shall not otherwise be applicable to such shipments.
2.RECEIPTS OF GOODS:
(a)Owner Operator agrees, upon receipt from Carrier of such quantities of Carrier’s goods as may be tendered from time to time under this agreement by Carrier or by a third party on behalf of Carrier to give Carrier a written receipt thereof, which shall be prima facie evidence of receipt of such goods in good order and condition unless otherwise noted upon the face of such receipt; and, in the case of transportation of hazardous wastes, substances or materials such written receipt shall be prima facie evidence of receipt of such wastes, substances or materials in a condition and manner which complies with all applicable laws and regulations, whether federal, state or local. In the event that Owner Operator elects to use a tariff, bill of lading, manifest or other form of freight receipt or contract, any terms, conditions and provisions of such bill of lading, manifest or other form shall be subject and subordinate to the terms, conditions and provisions of this Agreement, and in the event of a conflict between the terms, conditions and provisions of such tariff, bill of lading, manifest or other form and this Agreement, the terms, conditions and provisions of this Agreement shall govern.
(b)Owner Operator agrees to take signed receipts upon forms satisfactory to Carrier from all persons to whom deliveries shall be made, which receipts shall be retained by Owner Operator for at least two (2) years and shall be available for inspection and use of Shipper.
3. CARE AND CUSTODY OF MERCHANDISE:
(a)Owner Operator hereby assume the liability of an insurer of the prompt and safe transportation of all goods entrusted to its care, and shall be responsible to Carrier for all loss or damage of whatever kind and nature and howsoever, caused to any and all goods entrusted to Owner Operator hereunder occurring, while same remains in the care, custody or control of Owner Operator or to any other persons to whom the Owner Operator may have entrusted said goods and before said goods are delivered as herein provided or returned to Carrier.
(b)On occasion, Owner Operator will be requested to transport reefer cargo refrigerated containers. On all occasions, refrigerated containers must be transported with an attached generator set (nose mounted or under-slung) unless specifically advised by Carrier in writing that a generator set is not required. It is the Carrier’s responsibility to ensure a generator set is attached and running properly at the assigned temperature at the time of interchange.
4. INSURANCE:
(a)Owner Operator agrees to be a motor Carrier member in good standing in the Uniform Intermodal Interchange Agreement (UIIA). Owner Operator further agrees to comply with the insurance requirements of the Federal Motor Carrier Safety Administration and the states through which the Owner Operator operates. Owner Operator’s insurance coverage shall, at a minimum, comply with the minimum requirements as stated in the UIIA.
(b)The Owner Operator agrees to carry cargo, personal injury, death, equipment and general insurance and will promptly reimburse Carrier for the value of any goods (including containers) lost or destroyed during the period of Owner Operator’s responsibility under clause (3) (a). All such insurance shall be as additional insured.
(c)The Owner Operator agrees to provide the UIIA with appropriate certification and a copy of each policy of insurance and renewals thereof or other satisfactory evidence that Owner Operator has obtained insurance in compliance with the requirements and terms of this agreement.
(d)The Owner Operator will arrange with its broker and/or insurance Carrier(s) that notice of coverage and limits will be sent directly to the UIIA, as well and cancellation notices and
amendments to coverage(s).
5. ASSIGNMENTS:
This contract cannot be assigned by Owner Operator without the written consent of Carrier.
6. COMPENSATION, COMMODITIES, TERRITORY:
(a)Acceptable rates and charges, rules and regulations, the commodities to be transported, and the points from and to which they shall be transported, are to be furnished the Carrier, the Federal Motor Carrier Safety Administration and other regulatory bodies as may be required, as set forth in the rate schedule attached hereto and made a part hereof. Carrier agrees to pay Owner Operator as full compensation for services to be performed by Carrier under said rules and regulations the rates and charges set forth in the rate schedule, within sixty (60) days of invoice date.
(b)This agreement is to become effective upon signature by Carrier and Owner Operator.
7. CONFIDENTIALITY:
Owner Operator shall treat as confidential, and not to disclose to third parties, the terms of this agreement or any information concerning the Carrier’s business including information regarding suppliers, products and customers without in each instance obtaining Carrier’s written consent in advance.
8. NOTICES:
All notices given pursuant to this agreement shall be given in writing by certified or registered mail, return receipt requested, and addressed as directed by the parties from time to time.
CARRIER: ______________________________________________________________
9. APPLICABLE LAW:
To the extent state law applies, this agreement shall be governed by and interpreted in accordance with the laws of the state of ____________________.
SIGNATURES
•OWNER OPERATOR
_______________________________
NAME
•CARRIER
The Owner Operator Lease Agreement shares similarities with a Freight Broker Agreement. Both documents outline the relationship between two parties involved in the transportation of goods. In a Freight Broker Agreement, the broker acts as a middleman between shippers and carriers, while the Owner Operator Lease Agreement establishes a direct relationship between the carrier and the owner-operator. Each document specifies the responsibilities of the parties, including compliance with laws and insurance requirements, ensuring that both parties understand their obligations in the transportation process.
Another document akin to the Owner Operator Lease Agreement is the Bill of Lading. This document serves as a receipt for goods and a contract for transportation. Like the Owner Operator Lease Agreement, it outlines the terms of transportation, including the responsibilities of the parties involved. The Bill of Lading also provides evidence of the condition of the goods at the time of receipt, similar to how the Owner Operator is responsible for the safe transportation of goods entrusted to them.
The Equipment Lease Agreement is also comparable to the Owner Operator Lease Agreement. This document governs the rental of equipment, often used in conjunction with transportation services. Both agreements detail the responsibilities of the parties, including maintenance and liability for the equipment or goods being transported. They emphasize the need for compliance with regulations and the importance of insurance to protect against potential damages.
For individuals engaging in the sale of a motorcycle, understanding the necessary documentation is key to a smooth transaction. Similar to other agreements, the Vehicle Bill of Sale Forms are essential for outlining the terms and conditions agreed upon by both the buyer and seller, providing legal protection and clarity for both parties involved.
A similar document is the Independent Contractor Agreement, which outlines the relationship between a company and an independent contractor. Like the Owner Operator Lease Agreement, this document specifies that the contractor is not an employee of the company but operates independently. It includes terms related to compensation, responsibilities, and compliance with laws, ensuring both parties are clear on their roles and obligations.
The Transportation Services Agreement is another document that bears resemblance to the Owner Operator Lease Agreement. This agreement establishes the terms under which transportation services will be provided. It includes details about rates, responsibilities, and compliance with applicable laws, similar to the provisions found in the Owner Operator Lease Agreement. Both documents aim to clarify the expectations and obligations of the parties involved in the transportation process.
The Master Service Agreement (MSA) is also relevant. An MSA outlines the general terms and conditions for a long-term relationship between parties, often used in various industries, including transportation. Like the Owner Operator Lease Agreement, it addresses liability, compliance, and the responsibilities of each party. The MSA can serve as a framework for multiple transactions, while the Owner Operator Lease Agreement typically focuses on a specific transportation arrangement.
The Carrier Agreement is another document that aligns closely with the Owner Operator Lease Agreement. This type of agreement outlines the terms under which a carrier will transport goods for a shipper. It includes details about payment, liability, and compliance with regulations, mirroring the provisions found in the Owner Operator Lease Agreement. Both documents ensure that the roles and responsibilities of the parties are clearly defined.
The Service Level Agreement (SLA) is similar in that it defines the expected level of service between a service provider and a client. While it may not focus solely on transportation, it establishes metrics for performance and compliance. Like the Owner Operator Lease Agreement, an SLA emphasizes the importance of meeting specific standards and may include penalties for failing to meet those standards, ensuring accountability from both parties.
The Non-Disclosure Agreement (NDA) is another related document. While it primarily focuses on confidentiality, it shares similarities with the confidentiality provisions found in the Owner Operator Lease Agreement. Both documents emphasize the importance of protecting sensitive information and outline the obligations of the parties to keep certain details confidential, ensuring that proprietary information remains secure.
Lastly, the Subcontractor Agreement is relevant, especially in the context of the Owner Operator engaging subcontractors for transportation services. This document outlines the terms under which a subcontractor will operate, similar to how the Owner Operator Lease Agreement defines the relationship between the carrier and the owner-operator. Both agreements ensure clarity regarding responsibilities, compliance, and liability, safeguarding the interests of all parties involved.
Filling out the Owner Operator Lease Agreement form requires careful attention to detail. This document outlines the terms and conditions between the Carrier and the Owner Operator. Ensuring all sections are completed accurately is crucial for a smooth partnership. Follow the steps below to complete the form correctly.
When entering into an Owner Operator Lease Agreement, several other forms and documents may be necessary to ensure a comprehensive understanding and compliance with all legal obligations. Below is a list of commonly used documents that often accompany the lease agreement. Each document serves a specific purpose in the transportation and logistics industry.
Utilizing these forms and documents in conjunction with the Owner Operator Lease Agreement helps establish a clear framework for responsibilities and expectations. This ensures a smoother operation and compliance with all applicable laws and regulations.
Incomplete Information: Failing to fill in all required fields, such as the date or names of the parties involved, can render the agreement invalid.
Incorrect Dates: Entering the wrong date can lead to confusion about the agreement's effective period and obligations.
Missing Signatures: Not signing the document or ensuring both parties sign can lead to disputes about the agreement's validity.
Ignoring Local Regulations: Not verifying compliance with local laws and regulations can result in legal penalties.
Failure to Provide Evidence: Not supplying necessary documentation, such as permits or insurance certificates, can breach the agreement.
Misunderstanding Liability: Overlooking liability clauses can leave the Owner Operator exposed to unexpected legal responsibilities.
Omitting Confidentiality Clauses: Not recognizing the importance of confidentiality can lead to unauthorized disclosures of sensitive information.
Incorrect Rate Schedule: Failing to attach or accurately fill out the rate schedule can result in payment disputes.
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